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Raindrop Asked April 2014

What are the responsibilities of a Guardian?

I am becoming my Mother's Guardian and need to know exactly what that consits of.

gladimhere Apr 2014
PLay? Should be POA

gladimhere Apr 2014
My mom has "Limited Guardian" who decides living arrangements and makes emergency decisions. Sister with sense of entitlement has remaining medical POA responsibilities. Though we are considering asking the court to order full guardianship. Medical PLAy's never even gone to even one doc appointment with mom.

Mom also has a conservator that is handling all of the financial aspect, though allows entitled sisters have too much influence on the financial decisions. She tis toonconcerned about their inheritance.
conservator may be reassigned.

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pamstegma Apr 2014
It may help you to click the Money and Legal tab above and go down to POA and Guardianship and read several articles.

pamstegma Apr 2014
Raindrop, at some point she may need a nursing home if the doctor recommends it. Even if she says "no", you are the one who signs her in. She may demand to go home, even though she is not capable of being home. Without your Guardianship she can walk out; with your Guardianship they can't let her walk away, they keep her there and keep her safe. There may be times when she gets very angry with your decision, but you hold your ground and are burdened very heavily to choose what is safest for her.

Raindrop Apr 2014
I did Not know this. I wonder why my attny had me come in and sign the papers and didn't tell me this. It seems like i'm getting the cart before i get the horse, so to speak. I appreciate your help.
My Mother made all 3 of us siblings POA...you can almost imagine how that worked. So i think this takes the place of POA. Also, the agreement is that i am Guardian of my Mother and her health, i will still sign for her, (didn't realize that i needed to put Guardian) and the boys can watch the bank acct but can't make decision on Anything.

pamstegma Apr 2014
You will sign for all her treatments and procedures. ALWAYS write "GUARDIAN" after your name so they don't try to send bills to you. ALWAYS. ( I have been my sister's Guardian since 1994). Her signature is no longer valid on any legal or medical documents.

Raindrop Apr 2014
Thank you very much. I imagine i will recv more info from the court, as i just signed the acceptance a wk ago Monday. I am only Guardian over my Mother's health and welfare, which i know is still a big job. The bnk will be in charge of paying bills. My Mother is a level 4 on Dem. She is vey sweet, and chooses to stay at her own home. I feel that as long as i am able to take care of her, this is where she should stay, also the Court apptd attny agreed and advsd the court of that. I just had no idea what the rules are. My Mother is 96 and still has feelings. She's just a bit tired, and can't do all the things that she used to do.

Eyerishlass Apr 2014
From an AgingCare.com article:

The duties of a guardian, generally speaking, are to oversee the welfare and safety the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual. A guardian has total control over the person they are appointed to serve.

They can decide how to spend the elder's money, where the elder will live, what medical care the elder will receive, and how much freedom the elder has in his or her life. The powers can be total. An elder under guardianship loses the freedom to make decisions for himself or herself about all important aspects of life.

The guardian also has a duty to protect the elder from abuse, to keep complete records of all expenditures, and to report regularly to the court which appointed the guardian, as to the elder's finances and status. The requirements vary somewhat from state to state, but generally, the court decides how often the guardian must return to court to report to the court how money is spent and what the status is of the elder. Being a guardian is a very heavy responsibility. It is formal, public and supervised.

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